Circumstances For Sentencing Of Intentional Homicide Restrictions On Commutation Of Suspended Death Penalty Research

The provision of restrictions on commutation of suspended death penalty has been enacted in Amendment (VIII) to the Criminal Law of the People’s Republic of China. Provisions of the Supreme People’s Court on Several Issues concerning the Trial Procedures for Restrictions on Commutation of Suspended Death Penalty Cases was issued later. But both two statutes did not include the entities required about under what condition the defendant should be sentenced restrictions on commutation of suspended death penalty. In that case there are many questions about how to apply this provision. The judgment of death sentence cases across the country are not average distributed at the same time. This thesis researches plots in the two cases of intentional homicide applying the provision promulgated by the supreme people’s court and other typical cases adjudicated by district court and the views of scholars of in what condition the defendant should be sentenced restrictions on commutation of suspended death penalty. Plots like surrender, confession, recidivism, economic compensation, arrest helped by defendant’s relatives, victim’s fault and two or more circumstances of sentencing plots how to act on the provision is another content of this article. On the basis of the research the author raises the regulation about applicating restrictions on commutation of suspended death penalty. The regulation is good for completing restrictions on commutation of suspended death penalty for supreme court to promulgate the law to make entity requires refinement of the provision.